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Southworth PC | Federal Employee Briefing — Tuesday, 04/07/2025

Apr 07, 2026
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Attorneys for Federal Employees — Nationwide

Nearly 200,000 federal workers and supporters follow our updates across TikTok, Instagram, YouTube, Facebook, and LinkedIn. Each briefing gives you the three stories that actually matter to your job, plain‑English legal guidance, and one short practice to protect your peace of mind. If it helps you, forward it to a colleague—new readers can subscribe at https://fedlegalhelp.com/newsletter. 

Today at a Glance

  • The VA Is Finally Telling Facilities to Honor Its Union Contract — but the Government Filed an Appeal That Could Stay the Order: After the contempt hearing threat last Friday, VA’s Central Office sent guidance instructing facilities to return to the status quo for all AFGE-represented employees. But the Justice Department simultaneously appealed to the First Circuit Court of Appeals, which could move to pause the injunction while the appeal is pending.
  • The DHS Shutdown Is on Day 52 — and Congress Is on Recess Until April 13: All DHS employees are now receiving back pay by executive order. But the shutdown itself has not ended. The House held a three-minute pro forma session yesterday and went home. No vote is scheduled until at least April 13. The two-chamber impasse over ICE and CBP funding remains unresolved.
  • GSA Is Hiring 400 New Employees — After Laying Off Hundreds Last Year Through DOGE: The General Services Administration’s Public Buildings Service is actively recruiting for facilities management, acquisition, and project management roles. It is one of the clearest examples yet of an agency trying to reverse course after workforce reductions left it unable to carry out its core mission.

Top Stories:

1. After Weeks of Defiance, VA Is Finally Telling Facilities to Honor the Union Contract. But the Government Has Already Filed an Appeal.

Source: Federal News Network — April 3, 2026

TL;DR: On Thursday evening, AFGE’s National VA Council informed its members that VA’s Central Office had sent guidance instructing facilities to return to the status quo for all AFGE-represented employees — including everyone covered by the Master Agreement before it was terminated last August. The VA’s compliance came after Judge DuBose scheduled a contempt hearing and gave the agency until March 31 to explain why it should not be held in contempt, after the VA re-terminated the contract the night before the March 27 enforcement hearing. According to a memo from VA’s Office of the Chief Human Capital Officer obtained by Federal News Network, the VA also restored collective bargaining agreements for several other smaller unions covered by separate injunctions. The restoration of the contract may be short-lived: the Justice Department notified the court that it has appealed the case to the First Circuit Court of Appeals, which has the authority to stay — that is, pause — the district court’s injunctions while the appeal is pending.

For federal employees, this means:

  • If you are a VA employee covered by AFGE’s National VA Council, your contract rights are now in effect — including Weingarten rights, parental leave rights, progressive discipline protections, and grievance procedures. The VA’s own Central Office has told facilities to comply. If your local facility is still not honoring those rights, that is a documented violation. Report it to your union steward in writing with the date and the name of the supervisor involved.
  • The First Circuit appeal means this situation is not resolved. The government has asked a higher court to weigh in, and the First Circuit could stay the injunction — meaning it could pause the requirement that the VA honor the contract — while the appeal is pending. If that happens, the legal status of your rights changes again. Watch for updates from your union.
  • If you experienced a specific denial of contractual rights between March 13 and now — a denied parental leave request, a disciplinary meeting without union representation, a refused grievance — document those specific incidents. They may be relevant to contempt proceedings or separate enforcement claims regardless of what the First Circuit ultimately decides.

Legal Insight:
The appeal to the First Circuit is the next major inflection point in this case. The standard for a stay of a preliminary injunction pending appeal requires the government to show a likelihood of success on the merits, irreparable harm without a stay, and that the balance of equities favors a stay. Given the district court’s detailed findings that the VA’s conduct was retaliatory under the First Amendment — and the judge’s explicit contempt threat for defiance of a clear and unambiguous order — those are high bars. But they are not impossible bars, and a stay from the First Circuit would immediately suspend your contractual rights again. Because the legal situation remains fluid and the appellate timeline is uncertain, do not delay filing grievances for specific violations that occurred during the period of noncompliance. Contact your union steward today.

2. The DHS Shutdown Is 52 Days Old. Congress Is on Vacation. Everyone Is Being Paid by Executive Order. The Underlying Problem Has Not Been Solved

Source: Yahoo News — April 6, 2026

TL;DR: The DHS shutdown, which began February 14, entered its 52nd day today — the longest agency-specific shutdown in U.S. history. All DHS employees are now being paid by presidential executive order after Trump extended his TSA pay directive to cover FEMA, Coast Guard civilians, and CISA staff on April 4. The House held a three-minute pro forma session yesterday and took no votes. Congress is on recess until April 13. The Senate-passed bipartisan bill to fund most of DHS — excluding ICE and CBP — is sitting in the House, where House Republicans have passed a competing 60-day full-funding bill that the Senate has called dead on arrival. No votes are expected before April 13 at the earliest. The legal foundation for the executive pay orders — using funds with a “reasonable and logical nexus” to DHS functions — has not been tested in court and could face challenges.

For federal employees, this means:

  • If you are a DHS employee, you should now be receiving pay under one of the two executive orders. If you have not received a paycheck for the correct periods, contact your payroll office in writing today and document the discrepancy.
  • The executive orders pay people; they do not fund the agency. DHS is still operating under a funding lapse. Budget activities, training, grants, disaster preparedness operations, and certain contracts remain constrained. The shutdown’s operational effects continue even while employees are being paid.
  • The earliest a legislative resolution can happen is the week of April 13, when Congress returns. Even then, it requires the House to pass the Senate bill or the Senate to pass the House bill — neither of which has happened, and neither chamber has indicated a clear path to agreement. Do not assume the shutdown ends April 13.

Legal Insight:
The Government Employee Fair Treatment Act of 2019 guarantees back pay for all employees who worked or were furloughed during the funding lapse once the lapse is formally resolved by an appropriations bill — that right exists independently of the executive orders. When the shutdown ends and regular appropriations are restored, your total back pay should reflect all periods of the funding lapse, not just the periods covered by executive order. If the calculation is incorrect when it arrives — wrong pay periods, incorrect rate, missing overtime — document the discrepancy and address it in writing with your payroll office promptly. Because payroll correction timelines and procedures vary by agency, consider talking with your union and a qualified federal employment attorney if a discrepancy is not resolved within a reasonable time.

3. GSA Is Trying to Hire 400 New Employees — After Laying Off Hundreds Last Year

Source: Federal News Network — April 6, 2026

TL;DR: The General Services Administration’s Public Buildings Service — which manages more than 8,300 owned and leased federal buildings — is actively recruiting to fill approximately 400 positions in facilities management, acquisition, and project management. The hiring announcement follows widespread layoffs at GSA last year as part of DOGE-driven workforce reductions. GSA’s chief of staff sent staff a memo on March 30 describing the effort as a “significant investment” in the agency’s future and noting that current employees would have opportunities for merit promotions and leadership roles alongside external hires. GSA is simultaneously requiring employees to submit daily status updates on their whereabouts to meet occupancy benchmarks and return-to-office requirements. The agency also recently released data showing that none of its nearly 9,800 federally owned and leased buildings meet the legally required 60% occupancy threshold.

For federal employees, this means:

  •  If you were a GSA employee who was laid off, accepted the deferred resignation program, or left under pressure during the DOGE reductions last year, GSA is now hiring for roles that may overlap with what you were doing. Whether returning is the right decision for you depends on your individual circumstances, including the VSIP repayment rule if you accepted a buyout.
  • If you are a current federal employee in acquisition, facilities management, or project management at another agency, GSA’s active recruitment represents a competitive opportunity in a field that has seen substantial recent turnover.
  • The pattern at GSA — deep cuts followed by a recognition that critical functions cannot be performed with remaining staff — has now played out at multiple agencies including the IRS, HHS, and CDC. It underscores a recurring dynamic: workforce reductions that outpace an agency’s actual mission capacity require course corrections that take longer and cost more than the original reductions saved.

Legal Insight:
For former GSA employees considering a return: if you accepted a VSIP payment during the DOGE reductions, you are generally prohibited from returning to federal employment within five years without repaying the full gross amount of the buyout. That rule applies regardless of whether you are hired back by GSA or any other federal agency. The repayment obligation is real, applies even to contractor roles in some circumstances, and does not have a hardship exception. Before applying for any federal position — including at GSA — confirm whether your VSIP repayment restriction applies to that specific position and entity. Because the application of the VSIP repayment rule depends on the specific terms of your separation agreement and the nature of the new position, consider talking with a qualified federal employment attorney before submitting an application that could trigger the obligation.

Mindful Moment of the Day

Elevator Breaths Between Floors

When you ride the elevator between floors for meetings or errands, you can use those few seconds as a quick reset instead of scrolling your phone. As the doors close, gently relax your shoulders and take one slow breath for each floor you pass. Notice the feeling of your feet on the ground and the slight movement of the car. By the time the doors open, you’ve arrived not just physically at the next meeting, but mentally too. 

In Case You Missed It

A few quick hits from our recent videos and posts:

2027 Federal Pay Freeze: What It Means for You

4.6 2027 Budget Proposal: 7% Increase for Military and Zero for Civilian Feds

Religious Messaging in Federal Agencies: Legal Limits

4.6 USDA Secretary Sent a Sermon to 100,000 Feds - Here's Why That's a Problem

Merit vs. Politics in Federal Promotions

4.6 Pete Hegseth Personally Blocked Promotions Based on Loyalty, Race, and Gender


Facing Harassment or Discrimination?

If you’re dealing with slurs, exclusion, hostile emails, or sudden negative treatment after speaking up, you don’t have to wait until things get unbearable to explore your options.

We regularly represent federal employees in:

  • EEO complaints for discrimination, harassment, and hostile work environment

  • Retaliation for prior EEO activity or protected conduct

  • Reasonable accommodation disputes

  • Related discipline or performance issues that follow on the heels of complaints

In your free, confidential consultation, we’ll walk through what’s been happening, key dates (including the short EEO deadlines), and the tools available to you—formal and informal.

👉 Schedule Your Free Consultation Today

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Disclaimer:

This briefing is for general informational purposes only and does not constitute legal advice or create an attorney‑client relationship. Federal employment law is fact‑specific and time‑sensitive; you should consult a qualified attorney about your own situation and deadlines. Past results do not guarantee future outcomes.

Your service is worth protecting. Let's protect it together at Southworth PC.

 

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